Deepak @ Sachin vs State Of M.P

Vivek Rusia, J

This is a repeat (2nd) application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 16.12.2016 in connection with Crime No.719/2016 registered at Police Station Chandan Nagar, District Indore for the offence punishable under Section 399 and 402 of the IPC and u/s. 25, 27 of the Arms Act.

As per prosecution Story, on 16.12.2016 the police received a discreet information that some persons are sitting near Mayur Bag Nursery on Dhar Road and they are planning to commit loot in a petrol pump. The police reached the spot and apprehended the applicant and three others and found that they were planning to commit a loot in the petrol pump. The police recovered an iron pipe from the possession of present applicant and other arms from other accused. Accordingly, the police has arrested all the accused and registered the aforesaid criminal case.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Only an iron pipe has been recovered from the present applicant. The country made pistol and knife were recovered from the possession of other accused who have been granted bail by this Court. The applicant is in custody since 16.12.2016. All the material witnesses have been examined and they have not supported the prosecution case. He, therefore, prayed for grant of bail to the applicant.

On the other hand, learned Panel Advocate appearing for the respondent/State opposes the prayer and prayed for rejection of the application.

In view of the aforesaid facts and circumstances of the case and looking to the period of custody of the applicant, without further commenting anything on the merits of the case, it would be appropriate to enlarge the applicant on bail.

Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

Before releasing the applicant from custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.C. as per rules.